What is the SEND Code of Practice?

The SEND Code of Practice (2015) is statutory guidance that explains how the Children and Families Act 2014 should be implemented. It's not law, but schools and councils are required to "have regard to" it - meaning they must follow it unless there's a good reason not to. The Code covers: identification and support for SEND, the EHCP assessment process, EHCPs themselves, special schools, health and social care involvement, early years provision, school transitions, post-16 planning, and the Tribunal process. When you're in a dispute, the Code is your reference - you can cite it to challenge a council.

Chapter 5 - Identifying SEND and the early response

This chapter explains how SEND should be identified and how schools should support children with SEND. It emphasises that schools should be alert to the possibility of SEND and that parents can request an EHCP at any time. If your child is in school and you're asking for an EHCP assessment, you'll reference Chapter 5 in your request letter.

Chapter 6 - EHCP assessment and planning

This chapter is crucial - it explains the entire EHCP assessment process, who can request an assessment, what the local authority must consider, the 20-week timeline, and what happens after assessment. If you're in a dispute about assessment, you'll be citing Chapter 6. Key points: anyone can request an assessment (Section 36 CFA 2014), the threshold is "may have SEN," the assessment takes maximum 20 weeks, and the child's views must be sought.

Chapter 9 - EHCP reviews and amendments

This chapter covers the annual review process, how amendments work, and when an EHCP can be ceased. If you're preparing for an annual review, this is what the school should be following. If the school isn't following Chapter 9, that's a procedural failure you can complain about.

How to use the Code in disputes

When a council refuses your request or makes a decision you disagree with, check the relevant chapter of the Code. If the council hasn't followed the Code, reference it in your response: "[Council name] has not followed the SEND Code of Practice Chapter 6 paragraph X, which states [relevant extract]. We believe the council should [action]. Please confirm how you will remedy this." Citing the Code puts pressure on councils to justify their position. The Code is your weapon in disputes.